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Statutory Instruments
1985 No. 176 (c.3)
WATER, ENGLAND AND WALES WATER SUPPLY, SCOTLAND
The Reservoirs Act 1975 (Commencement No. 2) Order 1985
Made
13th February 1985
The Secretary of State, in exercise of his powers under section 29 of the Reservoirs Act 1975 and section 6(3) of the Local Government (Interim Provisions) Act 1984 and of all other powers enabling him in that behalf, orders as follows:-
1. This order may be cited as the Reservoirs Act 1975 (Commencement No. 2) Order 1985.
2.-(1) Subject to paragraphs (2) and (3) below, the provisions of the Reservoirs Act 1975 specified in the Schedule to this order shall come into force on 1st April 1985, except in the areas of the metropolitan counties and Greater London.
(2) Paragraph (1) above shall have effect subject to any limitations set out in the Schedule as to the extent to which any provision is brought into force.
(3) The provisions specified in the Schedule shall be brought into force by this order with the following modifications:-
(i)section 2(1) of the Act shall have effect as if it did not refer to the Greater London Council or the council of a metropolitan county; and
(ii)references in any of those provisions to a reservoir shall apply in the case of a reservoir situated partly in Greater London or one or more metropolitan counties as if it were wholly situated in the adjacent non-metropolitan county or counties in which it is partly situated.
Patrick Jenkin
Secretary of State for the Environment
12th February 1995
Nicholas Edwards
Secretary of State for Wales
12th February 1985
George Younger
Secretary of State for Scotland
13th February 1985
SCHEDULE
| Provisions of the Act | Subject matter of Provisions |
|---|---|
| Section 2 | Registration of large raised reservoirs, and enforcement of Act, by local authorities |
| Section 3 | Reports by local authorities to, and supervisory powers of, Secretary of State |
| Section 11 | Recording of water levels etc. |
| Section 15(4) so far as it is applied by section 16(5) | Service of notice by enforcement authorities |
| Section 16 | Emergency powers |
| Section 17 except (1)(b) to (d) and (3) | Powers of entry |
| Section 18 | Compensation to third parties for damage or disturbance |
| Section 21(5) and (6) so far as they relate to the provision of information to a person appointed under section 16(3) | Duty of undertakers to furnish information |
| Section 22 so far as it relates to provisions of the Act already in force or brought into force by this order | Criminal liability of undertakers and their employees |
| Section 24 | Notification to local authorities of existing reservoirs |
EXPLANATORY NOTE
This order brings into force on 1st April 1985, provisions of the Reservoirs Act concerned with the setting up of registers of reservoirs and with the enforcement of the Act by local authorities. The enforcement provisions include the power of enforcement authorities to take emergency action where it appears to them that a reservoir is unsafe. Other provisions brought into force impose obligations on reservoir undertakers which include the duty to keep records and supply information and provide that failure to comply with the Act will constitute an offence unless there is reasonable excuse.
None of the provisions brought into force by this order come into force in England in the metropolitan counties or in Greater London. They affect any reservoirs which are partly situated in those areas, however, as if those reservoirs were wholly situated in non-metropolitan counties.
NOTE AS TO EARLIER COMMENCEMENT ORDER
The following provisions of the Act have been brought into force by commencement order made before the date of this order:-
| Provisions | Date of commencement | S.I. No. |
|---|---|---|
| S.1. | 30th November 1983 | 1983/1666 |
| S.4 S.5 S.29 S.30 Schedule 1 |